When the matter came up for hearing, a bench headed by Justice P V Hardas was informed that the escort police team had already left the Thane jail, but had not reached the court along with the accused.
The court then ordered police to produce Nachan on October 21 when the petition would be heard.
Nachan has pleaded that although 10 years had passed, the trial had not yet begun and that there was no material with the prosecution to connect him with the crime.
A series of blasts had rocked Mulund, Vile Parle and Bombay Central between December 2002 and March 2003 in which ten persons were killed and over 50 injured.
Following the blasts, Nachan was arrested under POTA and tried in a special designated court.
Earlier, the High Court had granted a stay on the trial and asked the state and police not to proceed against Nachan until further orders on the petition.
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